IN RE SMITH

No. 98-56795.

235 F.3d 472 (2000)

In re: John Douglas SMITH, Debtor. John Douglas Smith, Appellant, v. Peter Kennedy; Armand Bouzaglou; Kirit Gala; Cary Present; John Sevilla; Charles Wiseman; Peter Anderson, Peter Anderson, Trustee, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 19, 2000.


Attorney(s) appearing for the Case

Richard M. Moneymaker, Esq., Law Firm of Richard M. Moneymaker, Los Angeles, California, for the appellant.

Steven Paul Byrne, Esq., Byrne, Graham & Dugan LLP, Arcadia, California, for appellees Peter Kennedy, Armand Bouzaglou, Kirit Gala, Cary Present, John Sevilla, Charles Wiseman.

Helen Ryan Frazer, Esq., Atkinson, Andelson, Loya, Ruud & Romo, Cerritos, California, for appellee Peter Anderson.

Before: Stephen Reinhardt and Diarmuid F. O'Scannlain, Circuit Judges, and William W Schwarzer, District Judge.


Argued and Submitted April 3, 2000 — Pasadena, California.

Opinion by Judge Reinhardt; Dissent by Judge O'Scannlain

REINHARDT, Circuit Judge:

John Douglas Smith ("Smith") appeals the district court's affirmance of the bankruptcy court, which denied his effort to exempt from his bankruptcy estate property that he characterized as a "private retirement plan." His appeal raises two questions, both of which are novel in this Circuit: first, whether...

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